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JAMES FORREST WONDERLY v. COMMONWEALTH PENNSYLVANIA (08/16/73)

decided: August 16, 1973.

JAMES FORREST WONDERLY, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County, in case of Commonwealth of Pennsylvania v. James Forrest Wonderly, No. 72-09737.

COUNSEL

Robert M. John, with him Harry R. Nixon and Schneider, Nixon & John, for appellant.

John L. Heaton, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

Judges Kramer, Wilkinson, Jr., and Blatt, sitting as a panel of three.

Author: Per Curiam

[ 9 Pa. Commw. Page 574]

This is an appeal from an order of the Court of Common Pleas of Montgomery County sustaining a suspension

[ 9 Pa. Commw. Page 575]

    of the motor vehicle operator's license of James F. Wonderly for a period of 135 days. Having reviewed the record, we hereby affirm the lower court's order and adopt the opinion of Judge A. Benjamin Scirica, as set out below. In addition, we note that our recent decisions in Commonwealth v. Trimble, 7 Pa. Commonwealth Ct. 443, 300 A.2d 92 (1973), and Commonwealth v. Grindlinger, 7 Pa. Commonwealth Ct. 347, 300 A.2d 95 (1973), add further support to this opinion.

"Scirica, J.

"This is an Appeal from a license suspension which commenced on September 5, 1972, pursuant to an order of the Secretary of Transportation.

"The following is a chronological order of the violations, additions, additions to and subtractions from the total points which appellant incurred:

12- 7-67 Violation of Motor Vehicle

Code #1002(b)(6)

Operating 70 M.P.H. in 50

M.P.H. zone; 6 points

For failure to attend driv-

     ing school as directed 5 points

7- 9-68 75-day suspension (60)

(Note -- 1st suspension) 11 points

9-19-68 Suspension released and li-

     cense restored deduct 6 points

5 points

Credit for 1 year's opera-

     tion of motor vehicle

     without violation deduct 2 points

3 points

9-11-70 Violation of Motor ...


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